While the judge decided not to halt the drainage project, his decision could lend momentum to a federal lawsuit against the highway expansion through north Denver neighborhoods.

Denver District Court Judge David H. Goldberg won’t stop a flood control project at City Park Golf Course tied to the widening of I-70 through minority, low-income neighborhoods in north Denver. But he did say the drainage work “may be a thinly veiled subterfuge” to grease the skids for the highway expansion, which could prove relevant in a separate federal case against the I-70 project.

The $1.8 billion I-70 project would sink a portion of the highway 30 to 40 feet below ground, creating a flood pocket during large storms. Having the city assume the burden of drainage infrastructure shifts costs from CDOT and private companies to Denver taxpayers who pay a stormwater fee, advocates argued.

As a city district judge, Goldberg can only rule on whether the drainage project violates the city charter. “Though the reconfiguration of CPGC may be a thinly veiled subterfuge to pave the way for new construction plans on I-70 and along the I-70 corridor, consideration of the various rationales and funding mechanisms for the Project is beyond the scope of this Court’s charge,” Goldberg wrote in his decision [PDF].

Plaintiff’s attorney Aaron Goldhamer said there’s a silver lining to the legal defeat. “The judge in the federal court may very well read [Goldberg’s ruling] as a guiding statement as to what the evidence in this case did show,” Goldhamer said. “I’m much more optimistic about the federal case. I think there are some very strong claims there and this ruling may only bolster those claims.” Goldhamer pointed to the judge’s acknowledgment of “subterfuge” and evidence that the flood project will have adverse environmental impacts. The City Park Golf Course project will remove 263 trees and change the grading of the land. Goldberg wrote that “the loss of a mature [tree] canopy is materially detrimental to the habitat and the neighborhood” an could “take decades to redevelop.”

Plaintiff’s attorney Aaron Goldhamer said there’s a silver lining to the legal defeat. “The judge in the federal court may very well read [Goldberg’s ruling] as a guiding statement as to what the evidence in this case did show,” Goldhamer said. “I’m much more optimistic about the federal case. I think there are some very strong claims there and this ruling may only bolster those claims.” Goldhamer pointed to the judge’s acknowledgment of “subterfuge” and evidence that the flood project will have adverse environmental impacts. The City Park Golf Course project will remove 263 trees and change the grading of the land. Goldberg wrote that “the loss of a mature [tree] canopy is materially detrimental to the habitat and the neighborhood” an could “take decades to redevelop.”

which may result in significant detrimental chemical and biological changes to the soil and golf course that could take up to 10 years to manifest,” according to arborist Rebecca Wegner, who testified for the plaintiffs.

Goldhamer filed an injunction last month to stop CDOT from beginning construction before the federal case is heard. The request is still pending.

If a federal judge orders CDOT to redo its environmental analysis to include the drainage infrastructure, that would stall the widening, Goldhamer said, likely beyond next year’s election of a new governor. The question of whether to stop the expansion would then fall to whomever Coloradans elect to replace John Hickenlooper in 2018.

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The City and County of Denver and Saunders Construction are hosting a community open house to share updates on the redesign of City Park Golf Course. There will be stations with information on the following aspects[...]

Councilman Rafael Espinoza has been vocal about his concerns about the project.
“This is a colossal misuse of hundreds of millions of dollars of taxpayer’s money that could be addressing a whole bunch of stormwater needs citywide,” Espinoza said in an interview. “While I think there is a nice and beautiful and more playable way of doing what we’re doing today, yes, I don’t object to the concept.”
That is, using the golf course for detention might be OK — just not like this.
“I do object to the way we’re using city funds and creating projects that aren’t necessary and building projects that aren’t necessary for this city, but are necessary for the interstate and confusing the two,” Espinoza said.
There are also questions as to whether the City Park Golf Course renovations will even see the light of day with multiple lawsuits against the project. Espinoza questioned how much the design process is costing the city for a project that could be halted by the court. Read more →

What does it say about our city and the value of its commitments when in one breath our mayor can pledge long term stewardship of the Denver Press Club building and in the next sacrifice City Park Golf Course to redevelopment for drainage? City Park Friends and Neighbors believe Denver can do better and we urge the Hancock Administration to meet the commitment it made to preserve and protect City Park Golf Course. Read more →